ints raised
for the Newport prisoners,[21] and their fate now rests with the
Government. They decided, by a majority of nine to six, that the
objection was valid, and by nine to six that it was not taken in
time. Upon such accidents do the lives of men depend. It is well
known that the law can have no certainty, because so much must
always be left to the discretion of those who administer it; but
such striking illustrations of its uncertainty, and of the extent
to which the chapter of accidents is concerned in it, seldom
occur, and make one shudder when they do.[22] No doubt, however,
is cast over the guilt of the men, and the Government may very
properly leave them to their fate, if they are not afraid of
shocking public opinion by doing so. The world at large does not
distinguish accurately or reason justly, swallows facts in gross,
and jumps to conclusions. Many will say it is hard to put men to
death when the judges are nearly equally divided on their case,
the majority admitting that the law would save them if it had
been urged soon enough in their favour. It rather seems to turn
the tables on the prosecution; and whereas the prisoners are
availing themselves of a mere quibble, of a technical objection,
strained to its extremest point, the effect may be that of
exhibiting the Government as availing itself of the technicality
in point of time to overthrow the more important legal objection.
The case appears to have been very ably argued, especially by
Kelly.

[21] [The ringleaders in the Newport riots were convicted
and might have been hanged; but two technical
objections to the sentence having been taken, though
not allowed by the judges, the Government remitted the
capital sentence. They had a narrow escape.]

[22] Parke said, that if the objection had been decided on
the spot they would have escaped, as he and Williams
were for it, while the Chief Justice was against it.

January 30th, 1840 {p.260}

The great debate in the House of Commons has now lasted two
nights,[23] without being very interesting. Sir George Grey made
a brisk, dashing speech quite at the beginning, which was very
effective, but when read, disappoints, as there does not seem a
great deal in it. Last night Macaulay failed. He delivered an
essay, not without merit, but inapplicable, and not the sort of
thing that is wanted in such a debate. He had said he should not